Our work sometimes involves changing the amount of support a support payor is either obligated to pay, or the amount of support a recipient has the right to receive.

Sometimes, parties in Court proceedings will enter into agreements, agreeing to a certain amount of spousal or child support that meets the support recipient’s needs and is in accordance with the law. Other times, the Court will deem it necessary to give an order for support on the same basis. Following such agreements between parties or such orders by the Court, a few months or years could go by and the circumstances of the support payor could change causing what we call in family law a “material change in circumstances”. For example, he or she could lose their job and not earn the amount of income that the support was initially based on. The support payor may believe that the support initially agreed to, or ordered by the Court, is no longer relevant and, as such, a lower quantum or amount of support should be payable. The correct legal vehicle to change either the initial agreement or the Court order is called a “Motion to Change”. It is a very involved process. Similarly, a support recipient can bring a Motion to Change, if the recipient believes the payor’s circumstances have changed in such a way that the recipient should be receiving a higher amount of support.

Note that if you do not bring a motion to change in time, significant arrears in support could accumulate with the Family Responsibility Office (“FRO”) who is the enforcing body for support agreements and orders. They have the ability to garnish your account, suspend your driver’s license, and suspend your passport. In extreme cases where arrears in support have accumulated, they have the ability to bring a default hearing causing your incarceration and requesting an order for jail time. To avoid all of this you will need to bring a motion to change if your circumstances have changed.

At Separy Law, we take on all cases which we believe are candidates for a Motion to Change proceeding. The process is very involved. If you believe you have a case of such a nature, contact our office to set up an appointment.

Below is a testimonial from a client with respect to a Motion to Change in which we terminated his obligation to pay over $50,000.00 in child support arrears accumulated since about 2010. We also were able to obtain an order to reinstate his driver’s license.

February 4, 2015

My experience with Solmaz Separy was exceptional. Mrs. Separy proved to be a very knowledgeable and competent lawyer. She continually modeled magnificent negotiation and bargaining skills, and communicated my version of events perfectly. I commend her for the work that she put into my case, and the professionalism that she demonstrated in representing me. She succeeded in ensuring that my needs where met, and that she successfully argued my case. I would highly recommend Ms. Separy to anyone in need of legal representation. Thanks again for the amazing experience.
– Client / Mr. CE